Husband is sick and has no source of living
The estranged wife gives him 800 yuan per month
Significance: Fills the legal protection vacuum period
Female party: Prepares to file a reconsideration application
The day before yesterday afternoon, Mr. Zhou, a citizen, received the first personal protection order against mental violence in our city from the Yuzhong District Court. This protection order means that Mr. Zhou's estranged wife has to give him 800 yuan as monthly living expenses, starting from this month until April next year.
It is reported that the reason for issuing the first personal protection order against mental violence was a divorce case where the court did not grant a divorce. After the couple separated, the husband who was sick had no source of income. As a wife, she has the obligation to assist her husband.
Estranged wife
Needs to pay living expenses to her husband
The day before yesterday afternoon, Judge Chen Peng from the Civil Division I of the Yuzhong District Court held the delivery receipt and guided Mr. Zhou to sign and receive the protection ruling. For this, Mr. Zhou became the first person protected by the personal protection order against mental violence in our city.
"Are you aware of your wife's workplace? Next, the court staff will accompany you to deliver the ruling to your wife's workplace, deducting 800 yuan per month for your living expenses." Chen Peng said that they would not only deliver the ruling to both parties but also to the unit where the female party receives her retirement salary.
"Yes, yes," Mr. Zhou replied.
Chen Peng said that this case was caused by a divorce case. Ms. Zhang came to the court to sue for divorce, considering that both parties have an emotional foundation, the court did not grant the divorce. After investigation, they understood that although this couple remarried, their previous relationship was still good, and the wife even spent money on buying old-age insurance for her husband. But in March 2007, Mr. Zhou began to suffer from long-term illness, unable to work, and thus lost his economic source.
Protection reason
Husband fell ill and lost income
Chen Peng said that the situation changed in November 2009. At that time, Ms. Zhang made excuses to separate from Mr. Zhou, neither taking care of her sick husband nor giving him money for treatment. According to the relevant regulations of our city's court on handling family violence cases, this kind of situation falls under mental violence. Considering Mr. Zhou's financial difficulties, the court issued a ruling after Mr. Zhou's application, requiring Ms. Zhang to pay 800 yuan per month for her husband's living expenses. The standard of 800 yuan was based on Mr. Zhou's application and the female party's admission that she has a pension of 1700 yuan.
Mr. Zhou said that he remarried with Ms. Zhang in March 2005, and their marriage was fine at first. He suffered from tuberculosis in March 2007 and could no longer continue working outside. Moreover, the company he worked for before went bankrupt, so he lost his income source.
Mr. Zhou also mentioned that during this year of separation, he moved from the rented house with his wife to live with his 74-year-old mother, being taken care of alternately by his younger brother, son, and old mother. His wife never asked about him and never fulfilled her duty of assistance financially.
Regarding the six-month term of the ruling for living expenses, Mr. Zhou stated that after the six months are up, he would sue the court again, demanding that Ms. Zhang fulfill her duty as a wife to assist him.
Wife dissatisfied
Currently looking for a lawyer to apply for reconsideration
The ruling states that if the parties are dissatisfied with the ruling, they can apply for reconsideration to the court.
Ms. Zhang's daughter told reporters that they are currently looking for a lawyer and plan to file a reconsideration application regarding the content of this ruling.
Ms. Zhang's daughter said that her mother's monthly retirement salary is actually only 1400 yuan, and her mother also suffers from diabetes and hypertension, costing four or five hundred yuan on medicine each month. If she has to pay 800 yuan per month to her stepfather, there would be very little left. Besides, since her stepfather is seriously ill, he can apply for early retirement due to illness and support himself through his retirement salary, etc.
Regarding the reasons for Ms. Zhang's separation, Ms. Zhang's daughter said that her mother and stepfather's relationship was never particularly good. Since it was a remarriage, they thought they could just get by. However, over time, some conflicts accumulated, leading to their separation.
Manuscript for this edition by reporter Luo Bin
Issuing a personal protection order after the judgment fills the legal protection vacuum period
Judge Chen Peng said that domestic violence comes in four types: physical violence, mental violence, sexual violence, and economic control. According to the relevant regulations of the Higher People's Court of our city regarding handling cases involving domestic violence, personal protection orders can be issued for all four types of violence. This personal protection order in this case holds significant meaning, filling the legal protection vacuum period.
Chen Peng said that they were one of the earliest pilot courts nationwide for handling domestic violence cases. All protection orders issued by courts across the city, including theirs, were during litigation. And the types of violence targeted were all physical violence. Mental violence like failing to provide medical care or not fulfilling assistance obligations, as in this case, was the first time. Issuing the order after the judgment was also the first time. According to previous regulations, if one party does not fulfill their assistance obligation and needs living expenses, they must file another lawsuit. However, filing another lawsuit takes a long litigation cycle. The simple procedure requires three months, and the regular procedure requires six months, which may be extended for complex cases. In this case, issuing a personal protection order immediately after the judgment filled this litigation cycle's vacuum period, providing judicial relief to the weaker party.
According to relevant regulations, the protection period is not indefinite. It generally lasts for six months, and special circumstances can extend it to one year upon the request of the chief judge. This time frame is set according to the six months required before filing another lawsuit after the judgment does not grant a divorce. If the other party is dissatisfied with the protection order, the court has established a reconsideration procedure, which is also a right given to the other party. The protection order has compulsory force, and relevant institutions such as the court or police can enforce it compulsorily.
These situations
Can apply for protection
Chen Peng said that regardless of whether it is during a divorce case or after the case judgment, victims of domestic violence can apply for personal protection in the following situations:
There is physical violence, mental violence, sexual violence, or economic control behavior.
1
Injured due to domestic violence and need medical treatment.
Harassing the other party through various ways such as phone calls, letters, text messages, emails, online posts, or tracking and peeping on the other party.
3
Using domestic violence or abuse against minor children.
4
Failing to fulfill the obligation to assist in life, not using money to raise minor children, and not paying educational fees for minor children.
5
Not giving the other party money for medical treatment.
The other party might unilaterally dispose of valuable joint marital property.